Complain about a product or service

Sharper Image Loses First Amendment Case Against Consumers Union

November 11, 2004

• Sharper Image Closing All Stores • Ionic Breeze Suit Drives Sharper Image into Bankruptcy • Air Purifiers Under Scrutiny Again • Air Cleaners of Doubtful Value • Ionizing Air Cleaners Can Cause Problems • Sharper Image Loses First Amendment Case Against Consumers Union --- Complaints • Oreck • EcoQuest • Alpine

A federal judge in San Francisco has dismissed a suit filed by Sharper Image against Consumers Union taking issue with a negative review of the Ionic Breeze Quadra Air Purifier, Sharper Image's best-selling product.

Sharper Image alleged that the articles in Consumer Reports magazine were based on bad test procedures and amounted to negligent product disparagement. Consumers Union responded with a motion under California law prohibiting frivolous First Amendment litigation.

U.S. District Judge Maxine Chesney granted the motion, commonly called an anti-SLAPP -- strategic lawsuit against public participation -- suit.

1st Amendment • Maryland Developer Seeks Names of Web Complainants • Craiglist Bites Back, Answers Connecticut AG • Connecticut Wants Craiglist to Pull Prostitution Ads • Craiglist Cleared in Biased-Postings Suit • Ionic Breeze Suit Drives Sharper Image into Bankruptcy • Video Professor Drops Subpoena, Goes After Wikipedia Users • Court Ruling Protects Anonymous Bloggers • AT&T Changes Terms Of Service After Outcry • AT&T Stiffens Language Covering Objectionable Content • Blogger, Journalist, Citizen: Which is Which? • Consumers Revolt Against High-Priced Media • Senate Press Gallery Ejects Consumer Journalist • Report Calls for More 'Transparency' in Congress • Builders, Contractors Hammer Consumer Sites • New York Upholds Consumers' Right to Criticize • Judge Lifts Injunction Against Video Game • Florida Dentists Drop Efforts to Silence Critical Web Site • EFF Files Suit to Protect Journalist From Drug Company Intimidation • Sharper Image Loses First Amendment Case Against Consumers Union • Life Alert Drops 2 of 3 Claims Against ConsumerAffairs.com

The judge said Sharper Image had not shown that it had a reasonable probability of proving the magazine's claims were false.

"Hopefully, going forward, companies will think twice about filing these types of suits. It's not in their interest to be attacking free speech," Steven Williams, the attorney who argued the anti-SLAPP motion, said.

The company has not said whether it will appeal.

Report Your Experience
If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.

Back to the top |

Home | Complaint Form | News | Recalls | FAQ |
Consumer Resources | Small Claims Guide | Lemon Law | Newsletter | Contact Us
Advertise With Us | Testimonials | Newsroom | RSS Feeds |

Terms of Use Your use of this site constitutes acceptance of the Terms of Use

Advertisements on this site are placed and controlled by outside advertising networks. ConsumerAffairs.com does not evaluate or endorse the products and services advertised. See the FAQ for more information.

Company Response Welcome If complaints about your company appear on our site, we welcome your response. Please see the Response Form for more information.

For more information, see the FAQ and privacy policy. The information on this Web site is general in nature and is not intended as a substitute for competent legal advice.  ConsumerAffairs.com Inc. makes no representation as to the accuracy of the information herein provided and assumes no liability for any damages or loss arising from the use thereof. 

Copyright © 2003-2008 ConsumerAffairs.com Inc.  All Rights Reserved.    The contents of this site may not be republished, reprinted, rewritten or recirculated without written permission.